While many people in the gay and lesbian community lauded the recent decision by the U.S. Supreme Court as a major step forward for same-sex couples, a more nuanced understanding of the ruling suggests that the situation is more muddled than ever in New Mexico. Although the U.S. Supreme Court struck down the federal Defense of Marriage Act provision that defined marriage as being between “one man and one woman” this ruling made the situation murkier for many who live in states that have not legalized same-sex marriages. While the ruling theoretically extended the benefits available to married couples under federal law to lawfully married gay couples, the ruling left the decision up to individual states whether to legalize same-sex marriage within their state.
Many states including New Mexico are now wrestling with the implications of the DOMA decision. The confusion surrounding the implications of the ruling have resulted in 33 New Mexico counties requesting that the New Mexico Supreme Court determine whether same-sex marriage is legal in New Mexico. The request by the New Mexico counties is a response to a wave of post-DOMA ruling lawsuits that have pushed county officials to issue marriage licenses to same-sex couples. The issue first garnered attention a couple of weeks ago when a county clerk decided to begin granting marriage licenses to gay and lesbian couples.
The lawsuit essentially requests that New Mexico’s highest court rule on the legality of same-sex marriage in the state based on the U.S. Supreme Court’s ruling in the DOMA case. A spokesperson for the counties has indicated that they are narrowly focused on obtaining a uniform ruling on whether same-sex marriage is lawful in New Mexico. This issue is especially problematic in our state because statutory law in New Mexico is somewhat unclear on this issue. New Mexico’s marriage laws do not expressly address same -gender marriage, but they do contain an application for a marriage license with areas to designate the “male” and “female” and refers to “husband” and “wife.” Both the current and former New Mexico Attorney Generals have interpreted this to mean that current law prohibits gay marriage in New Mexico.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
The murky legal status of gay marriage within the state makes it important to seek legal advice if you are a same-sex couple who wishes to provide for property rights and other marital protections afforded parties in both marriage and divorce. While the New Mexico Supreme Court may elect to clarify this issue, the property rights of same-sex couples must now be established by the use of written agreements rather than marital status. If same-sex marriages are not lawful in New Mexico, then gay couples lack access to the statutory protections afforded heterosexual couples when they divorce. If you are interested in protecting your rights in a same-sex committed relationship, our New Mexico same-sex Marriage Lawyers invite you to contact us so that we can discuss your options. Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your alternatives. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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